The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2014

• Citation: S.I. 2014/812
• Sections: 3

Section 1 Citation and commencement

These Regulations may be cited as the Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2014 and come into force on 22nd April 2014.

Section 2 Amendment of the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013

(1) The Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 are amended as follows.

(2) In regulation 5(1) (exceptions from requirement to make a determination in respect of an individual’s financial resources)—

(a) after sub-paragraph (g) insert—

(ga) such family mediation as is a Mediation Information and Assessment meeting for an individual (“A”) in relation to any matter described in paragraph 14(1) (mediation in family disputes) of Part 1 of Schedule 1 to the Act if—

(i) A is a party to the Mediation Information and Assessment meeting; and

(ii) the Director has made a determination that the financial resources of another individual who is a party to that meeting (“B”) are such that B is eligible, for that meeting, for such family mediation as is a Mediation Information and Assessment meeting;

(b) after sub-paragraph (h) insert—

(ha) family mediation in relation to any matter described in paragraph 17(1)(b) ( EU and international agreements concerning children) of Part 1 of Schedule 1 to the Act to the extent that the matter relates to an applicant under the 1980 Hague Convention;

(3) In regulation 5(2) (interpretation) before the definition of “relevant tribunal” insert—

“Mediation Information and Assessment meeting” means an assessment by a mediator of whether, in light of all the circumstances, a case is suitable for mediation;

“mediator” means a mediator with whom the Lord Chancellor has made an arrangement under section 2(1) of the Act (arrangements);

Section 3 Transitional provision

(1) The amendments made by regulation 2 do not apply to an application for family mediation that is made before 22nd April 2014.

(2) For the purpose of paragraph (1), an application for family mediation is made before 22nd April 2014 if the application is signed and dated before 22nd April 2014.